A Commission Contract

Being asked to produce art to commission often feels like the ultimate compliment, after all it is someone who likes your work so much that they want something made especially for them. It appears to be a guaranteed sale. Happy days. However, unless you are careful your dream job can turn into a nightmare, for both the artist and the commissioner. Here are a few tips to help you make it a pleasant experience with a positive outcome.

Having a basic contract prepared will be useful. It will help your prospective client understand that you manage your art career seriously, it will also help them to really consider what it is that they want. If they don’t want to commit to a contract and your payment terms, then they are not really serious about commissioning you and that is much better to find out in the first place rather than after many months of work creating something that you probably won’t be able to sell. A contract also helps to eliminate any misunderstandings.

What should it include?

1. A description of the project.

This should list what aspects of the work you have agreed upon in advance, such as size, colours, materials, etc. It could be specific, for example, “the artist (you) agrees to complete an 80 x 60 cm oil painting on canvas for them (the client) of their garden in early summer and using a predominantly green and blue colour scheme.” If anything is verbally agreed upon, it should also be in writing.

2. Payment terms.

It is quite reasonable for you, the artist, to collect 25% to 50% of the full cost of the artwork upfront before beginning the work. This is to protect your investment in materials and time. You should list the total cost of the work, the deposit necessary to begin the commission, and when final payment is due. Final payment could be due upon delivery of the work, or it could be due upon final approval by the client. Be careful here because if you indicate that final payment is due upon approval of the work by the client you could find yourself editing the work over and over until the client is satisfied.

3. Deadlines.

You should agree upon a completion date for the work, making sure that you give yourself enough time for revisions and drying, if necessary. Many artists also set up a viewing and meeting date for when the work is partially completed, although it is important to bear in mind that many people do not understand that a half-finished work does not look like a finished work…strange but true.

4. Framing.

If applicable, indicate whether the work will be framed or unframed, or if framing will cost extra. This is another important discussion point; your potential client may love big gilded frames whereas you always frame your work in simple white frames. Discuss and cost.

5. Delivery of the work.

Indicate whether you will deliver the work to the client or whether they need to arrange their own delivery.

6. Installation of the work.

Indicate whether you will install the work for the client, or whether they need to arrange this separately. If you are not installing the artwork for them, you should make sure that it has proper hanging hardware already attached to the work to make it as straightforward as possible to hang.

7. Copyright.

Many clients will assume that since they are paying for the work, they own the rights to it. Unless you are signing over the rights to your work (there should not be any reason for this sort of agreement, normally), you should stipulate that you retain the copyright of the work. This means you can put an image of the work on your website, and use it for portfolios, etc.

Here is my basic commission contract, it has all the elements that I think I need and I can customise it for each client.

This agreement is made the ______ day of ______________, _______ (year) by and between:

Right of Refusal: If the Collector does not wish to purchase the commissioned artwork, the Collector may refuse. In that case, the Artist will retain the refused artwork and the non-refundable deposit. This is free of any claims or interests of the Collector and the Collector will not owe any additional fees to the Artist

Framing: Framing can be arranged with the Collector but may be at additional cost.

Delivery of Work: The Artist agrees to deliver the work to the Collector, within the UK at no additional cost to the Collector.

Copyright: Artist reserves the common-law copyright to all works commissioned by Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Collector without the prior written approval of Artist.

Payment Amounts: A list of size and relevant price of the Artist’s work is attached for reference. Painting sizes will be mutually determined by the Artist and Collector. Parties will agree to price in writing prior to the commencement of the project. Bespoke sizing can be arranged. All prices are exclusive of traveling expenses.

Payment Terms: A non-refundable deposit of 50% of the selling price of the artwork(s) plus travelling expenses is payable upon signing of the contract. Outstanding balance in full is due upon delivery of artwork(s).

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